Gun control laws do not apply to Native American reservations

[Bobbygun]

Native American, Mexican and white. Pretty much a mutt.....or like one of my old bosses used to call me a "halfbreed".

Man, it is so hard to say. My mom always claimed she was 1/8 Potawatomi. I thought she made that word up, but learned it is a real tribe. She had an old photo with one of my ancestors with his clearly Indian bride. So, for many years I told folks that I was part Indian. When enrolling my kids at school, there was a woman there inquiring into whether any of the kids had Native American ancestry. She was looking to hook people up with some type of benefit. I told her my kids probably had some ancestral ties, but we really didn't overtly embrace them and weren't looking to get anything based on that. She very pleasantly nodded and moved on to the next group of people. Fast forward about 15 years and my 20-something daughter takes on of those DNA tests. The report she received indicated she was pretty much a saltine cracker.

I honestly don't know. Could you get from 1/8th to less than 1/100th in two generations? Are those DNA test bogus? I do have quite a bit of artwork related to Native Americans. The End of the Trail is one of my favorite sculptures. I have even been known to quote Chief Joseph.

 

[rjmt]

The confederate tribes of grand ronde are buying a pile of ground around us too. If my 10 acers identified as tribal land that means I wouldn't have to abide by state gun laws??

tribal law only applies to tribal members living on tribal land
you would have to marry into the tribe to be covered

 

[Bacchus]

Some tribes around here now are kicking out members who've been enrolled for decades because they are not "Indian enough.

I read in a fiction book that the reason for kicking out members with reduced ancestry is the more purebred members don't want to share the casino money.

I hope that's not true.

 

[Andy54Hawken]

There are 574 tribes recognized by the US government .
That is a whole lot of "don't apply " going on.
Again...I kinda doubt that gun control laws do not apply on Reservations.

Granted...All 574 tribes may not all be in lock step with each other...
Andy

 

[lucusloc]

I read in a fiction book that the reason for kicking out members with reduced ancestry is the more purebred members don't want to share the casino money.

I hope that's not true.

I was not involved or even tangentially related to the case. The only reason I know about it is because, well, small town and the associated rumor mill. It got some local coverage in the paper, which I assume was mostly accurate, but that paper still has not heard of the internet so I cannot even go back to refresh my memory on the details. What I can say is that is exactly my impression from the whole situation. There is a lot of money tied up in those casinos, and while they are all pretty much run by giant multi-national gambling conglomerates, those conglomerates know they need to keep the tribe well paid off least they exercise their "First Nation" rights and sign a new treaty with some other giant multi-national conglomerate.

I am not sure how much "the casino issue" needs to factor into the discussion of First Nation privileges vis-a-vis limited self governance, but I am betting it does play a huge part in their calculus of the situation.

 

[Sxsnuf]

I "identify" as Sitting Bull! Under this administration, that alone should make me eligible for a Ma deuce and a trophy in girls gymnastics.

 

[Flopsweat]

Re. state gun laws applicability to tribal lands. I can't say that I know the law on that, but supposing state laws are not applicable within tribal lands, that goes away the other side of the tribal boundary. My point being, once they cross the line, the state laws kick in again. And most reservations are smaller than US states, so if X type of firearm may be owned on tribal lands, once the owner crosses back over into state land, it's contraband? I'm thinking of machine guns in Wash. state (given that MG were permitted by the tribe).

Or would they have right of carriage within or through a state due to tribal membership?

Same idea re. shipping though the mail. AR's may no longer be transferred in Wash. state. Can tribal members buy them from out of state and have them shipped to them? The gun is entering the prohibited zone of the state before it enters tribal lands.

18 USC § 926A might apply to shipping as well as travelling with a firearm:

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

I'm not sure though.

 

[rjmt]

State laws, dependent on the State. But Indian (Native Americans) Nations are bound to the Federal laws through the federal Bureau of Indian Affairs and I believe a section of the Constitution declared that Indian Tribes (now Nations and Peoples) are under the plenary authority of Congress. IE, Federal gun laws absolutely apply to Native Americans. https://en.m.wikipedia.org/wiki/Plenary_power

Plenary power is a grand term - Congress used it to disband many Native American tribes, steel and sell their lands and the member of Congress got financial kickbacks.
the Klickitat tribe was stripped of their tribal status and their land sold to Whites under Plenary Powers
it was used in 1882 to pass the Chinese Exclusion Act
it's not used much today and specifically not used to force Federal gun control on the First Nation People

 

[lucusloc]

I "identify" as Sitting Bull! Under this administration, that alone should make me eligible for a Ma deuce and a trophy in girls gymnastics.

I have had an idea percolating in my mind for a while; If I were the administrator or head coach of some school I would recruit four or five of my top guys to compete in the girls league. They would handily win, even against the mediocre (by male standards) "trans woman" and secure the top spots on the podium. They would then transfer those awards to the top girls in the competition ensuring that they get the recognition and trophies they deserve. And if anyone objects? Well make them grapple with what makes a man a man other than just "I feel like it."*

*Yes, I know some of these organizations are trying to set testosterone as some kind of benchmark, so this plan would not work for those organizations (obviously I would not recruit my boys if they had to alter their bodies in any way to make the plan work). But from what I have seen a huge number of the academic organizations have no such standards, so this plan should work just fine where it seems to be needed most.

 

[rjmt]

There are 574 tribes recognized by the US government .
That is a whole lot of "don't apply " going on.
Again...I kinda doubt that gun control laws do not apply on Reservations.

Granted...All 574 tribes may not all be in lock step with each other...
Andy

there are only 326 recognized Native American reservations in the US
and tribal law only applies to tribal members living on one of these reservations
IF an individual tribal counsel chooses to accept Federal law on gun control, that is their choice
I really doubt Congress is going to force Federal Gun Control on tribal lands under plenary power
they don't in Colorado
since the Cowlits are a newly recognized tribe, I can't find their tribal laws on line
The Indian Civil Rights Act of 1968 did not address gun control

 

[Andy54Hawken]

there are only 326 recognized Native American reservations in the US
and tribal law only applies to tribal members living on one of these reservations
IF an individual tribal counsel chooses to accept Federal law on gun control, that is their choice
I really doubt Congress is going to force Federal Gun Control on tribal lands under plenary power
they don't in Colorado
since the Cowlits are a newly recognized tribe, I can't find their tribal laws on line
The Indian Civil Rights Act of 1968 did not address gun control

I did not say recognized reservations.....I said 574 recognized tribes.

However I did say :
I kinda doubt that gun control laws don't apply on Reservations.

In any event...
326 or 574 ...is still a whole lot of do not apply...
I ain't going to argue law or what not that I don't really know about or care about.
Andy

 

[Caveman Jim]

For lotta years I've been talking to people about boycotting the casinos. It's sad that they won't listen to reason, they wanted to smoke and gamble, how's that working out for them now that they're all smoke free?

 

[bionic knees]

I have had an idea percolating in my mind for a while; If I were the administrator or head coach of some school I would recruit four or five of my top guys to compete in the girls league. They would handily win, even against the mediocre (by male standards) "trans woman" and secure the top spots on the podium. They would then transfer those awards to the top girls in the competition ensuring that they get the recognition and trophies they deserve. And if anyone objects? Well make them grapple with what makes a man a man other than just "I feel like it."*

*Yes, I know some of these organizations are trying to set testosterone as some kind of benchmark, so this plan would not work for those organizations (obviously I would not recruit my boys if they had to alter their bodies in any way to make the plan work). But from what I have seen a huge number of the academic organizations have no such standards, so this plan should work just fine where it seems to be needed most.

who needs a testosterone test? look in their shorts, "twig & berries" ya play on the boy's team. end of story.

 

[BDA.45]

Aren't we all?
I mean, I'm not dumb enough to fall for the " mail in your DNA " scam , but I sure ain't AKC certified.

I'VE never PERSONALLY done it either, but other family members have. I can say IM AKC certified!!!

 

[BDA.45]

who needs a testosterone test? look in their shorts, "twig & berries" ya play on the boy's team. end of story.

100%

 

[Nosferatu]

tribal law only applies to tribal members living on tribal land

Visitors must comply as well. I'm an employee of a tribe, I'm held to follow their laws while I'm on their land. If I get a speeding ticket, for example, I would have to go to tribal court to fight it, not to county or city court. The tribes have the power to enforce tribal and US law on their lands.

I've had to serve twice now as a juror in tribal court.

My understanding from what I've gathered;

All individual rights protected by the US constitution apply to the tribes as well. ie: tribal members cannot own slaves, per the 13th amendment. They are also free from illegal search and seizure. Tribal police still must obtain a warrant to arrest or search someone on tribal land, whether tribal member or not, even of the property is owned by the tribal government. (This was an official jury instruction on one of the cases I served as a juror).

The land is sovereign, which means they can make their own hunting & fishing laws. While they do work with state natural resources, they aren't required to. The tribe I work for has their own DNR and Fish & Wildlife.

I'm sure there is more. But as far as being able to ignore the US Constitution, it doesn't seem to be the case from what I've experienced.

 

[Alexx1401]

For lotta years I've been talking to people about boycotting the casinos. It's sad that they won't listen to reason, they wanted to smoke and gamble, how's that working out for them now that they're all smoke free?

It has never been "my thing" and glad its not. Once in a blue moon I will do a little gambling for some fun. Never amounts to much. I have long said for those who like it? Hell why not as long as they can control themselves.

 

[billdeserthills]

I read a post elsewhere from a Native American that Washington gun laws do not apply to their reservations
I had to research that one
it was mentioned that the US came for their guns before and they remember how that went

Native Nations and The Right to Bear Arms in a Post McGirt World | Duke Center for Firearms Law

firearmslaw.duke.edu

OMG, so Indians can still order guns from catalogs, with no FFL needed?

 

[Caveman Jim]

Paleface's speakum with forked tongue.

 

[Andy54Hawken]

Interesting that at one time....
Firearms like those shown below were aimed ( pun intended ) at a tribal market.
Andy

"Tacky" guns.

• Andy54Hawken
• Dec 12, 2021

Northwest Tradegun Sideplate

• Andy54Hawken
• Dec 12, 2021

J.Henry Trade Rifle Circa 1800-1820

• Andy54Hawken
• Dec 12, 2021

Henry Leman Trade Rifle circa 1840's -1870's

• Andy54Hawken
• Dec 12, 2021